Activities of the Legislature affecting farmers and ranchers in Washington state

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March 9, 2007

In This Issue

Business Community Says "No" to Health-Care "Partnership"

HB 1569 to be on WFB Vote Record

Washington Farm Bureau joined 10 other trade associations in opposing second substitute House Bill 1569 this week. Moreover, Farm Bureau has determined that this is a priority bill to oppose, and our Legislative Committee has recommended that we count it on our Vote Record if the House takes action on it.

The latest version of the bill, co-sponsored by Reps. Eileen Cody (D-Seattle) and Bill Hinkle (R-Cle Elum), would establish a new governor-appointed board to plan and oversee implementation of a so-called “Washington Health Insurance Partnership.” This Partnership would replace the private health insurance market for businesses with two to 50 employees (“small employers”). Instead of buying health insurance from a carrier or through an agent, small employers would be forced to join the Partnership unless they belong to an association health plan (AHP).

Farm Bureau opposes 2SHB 1569 for several reasons:

Farm Bureau members are urged to contact their legislators to ask for a NO vote on 2SHB 1569.

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Land-Use Bills Remain Active

Right-to-Farm -- SB 5076 is sponsored by Sen. Jim Honeyford (R-Sunnyside), and HB 1648 is sponsored by Rep. Brian Sullivan (D-Mukilteo). These identical bills address a recent state Supreme Court against a farmer who changed from an apple to cherry operation. The neighbor claimed that the existing right-to-farm law did not protect the farming operation because there were apples when the neighbor moved in and he did not want to be next to a cherry operation. The legislation clarifies that agricultural operations are protected under the decades-old law, even if you switch crops. In general, the right-to-farm law protects agricultural operations from nuisance complaints about normal agricultural practices. Most states have such a law to protect farming operations from complaints that typically come from new neighbors moving into an agricultural area

The Senate bill has been placed on second reading, which is one step from a vote by the full Senate. The House bill passed the House unanimously Feb. 28 and is scheduled for a hearing March 15 in the Senate Agriculture Committee.

Flooding and Erosion -- HB 1748 is sponsored by Rep. Brian Sullivan (D-Mukilteo), and SB 5733 is sponsored by Sen. Val Stevens (R-Arlington). These bills address chronic flooding and erosion in freshwater areas. Currently, in a single flooding or erosion event, a county has the option of declaring an emergency, which would then trigger a mandatory expedited permit from the state Department of Fish and Wildlife. That option for the local governments would not change. These bills address ongoing situations where an emergency has not been declared. In situations where flooding or erosion occurs for two or more consecutive years, the county would have to declare a chronic danger and the department would issue a permit under the normal time frames for issuing hydraulic permits.

On March 8, each of the bills was placed on the second reading calendar in their respective chambers.

Protecting Existing Agriculture -- SB 5248, sponsored by Sen. Brian Hatfield (D-Raymond), would protect legally existing agricultural activities from new regulations under the Growth Management Act. The Legislature placed that same protection in the state Shoreline Management Act five years ago. HB 2212, by Rep. Brian Blake (D-Aberdeen), is a title-only bill, meaning that just the subject matter is identified and there is no other content. The bill was stripped down to title-only so it could be moved out of committee while negotiations continue between agricultural and environmental organizations. The speaker of the House is involved in those negotiations.

On March 8, each bill was placed on the second reading calendar in their respective chambers.

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Controversial Vocational Rehabilitation Bill Passes Both Houses

Faced with certain passage of the Vocational Rehabilitation program, Farm Bureau and the Association of Washington Business have worked with lawmakers to make a bad bill better, and in the end there was no major opposition.

Both HB 2073, sponsored by Steve Conway (D-Tacoma), and SB 5920, sponsored by Sen. Jeanne Kohl-Welles (D-Seattle), passed their respective chambers after being amended.

The new bill dramatically increases training benefits and the time allowed to complete training. It also allows workers to voluntarily close a claim and opt out of training, in exchange for a lump-sum payment. Workers who select the opt-out provision would also receive a credit of $12,000 to be used at any accredited institution for almost any training program the worker desires.

The Department of Labor and Industries believes that the program will cut cost because many workers will close claims by opting out. 

Farm Bureau is concerned that this will just be another expensive new benefit program that will only increase costs and not benefit workers or employers. 

There were three amendments. The first created special training for agriculture and construction. The next addressed potential fraud, and the last concerned provisions for self-insured employers. 

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Critical Time for Small Business, Farmers

Several important labor and employment bills have survived the cutoffs so far this session. Unfortunately, most of these bills could be trouble for small business and agricultural employers. 

The bill of most concern for employers is HB 1503, the workers' comp "bill of rights," sponsored by Rep. Steve Conway (D-Tacoma). The bill would require employers to file a written report whenever they contact the doctor of an injured worker. The bill would also make it harder for the Department of Labor and Industries to use independent medical examiners. This “good idea” would cost L&I $60 million to implement in the next two years and more than double that for employers, local governments, and anyone who needs to use the workers’ comp system.

For agriculture, there are three bad labor bills that are alive and need to stay in the Rules Committee or be amended: 

There are two good bills for agriculture employers that are moving: 

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House Considers Second Animal ID Advisory Committee

On Thursday, the House of Representatives made SHB 1151 eligible for floor action.

SHB 1151, now sponsored by the House Agriculture and Natural Resources Committee, would create a new advisory committee to review the work already done by the “3033 Committee” created by the Legislature just last year. That committee was formed to evaluate federal animal identification program requirements, look at what steps other states have taken to implement similar programs, evaluate electronic identification equipment demonstration projects held at facilities handling a large number of animals, and recommend how federal animal identification program goals might be implemented and funded. The 3033 committee is scheduled to terminate in July 2007.

The new panel, as envisioned in SHB 1151, would be composed of at least one representative each from the commercial cattle industry; hobby farmers or other non-commercial livestock owners; fairs, youth or recreational groups; an Indian tribe; and concerned citizens. In addition to reviewing the work done by the 3033 Committee, this committee would also discuss how a voluntary national animal identification system would affect the groups they represent, suggest whether Washington state should participate in a voluntary national program, how such a system would be funded, how to encourage participation in such a system, and address concerns about tag and reader performance as well as possible impacts to the speed of commerce. An emergency would be declared so the committee could be appointed immediately upon passage.

While the substitute bill is certainly an improvement over the original, which Farm Bureau opposed, there is some concern about using limited state Department of Agriculture resources to essentially retrace the steps already taken by an existing citizen’s advisory panel. Washington Farm Bureau is neutral on this version of the bill.

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Bills of Interest

The following is a list the bills we are currently tracking.

Health Care  

Bill Description Status Sponsor Position Lobbyist
HB 1235 Insurance commissioner exams S  Fin Inst/Ins Kirby M C
SHB 1337 Colorectal cancer mandate H  Passed 3rd Kenney O C
EHB 1460 Mental health parity mandate S  Hea/L-T Care Schual-Berke O C
SHB 1533 Selling insurance H  Rules R Kirby M C
SHB 1538 Study of health insurance mandates H  2nd ReadSCal Bailey S C
2SHB 1569 Eliminates AHPs; creates state-run "connector" H  2nd Reading Cody O C
2SHB 2098 Governor's health care reform bill H  2nd Reading Cody M C
2SHB 2100 Health resources strategy H  Rules R Cody O C
HJM 4005 Socialized health care system H  Rules R Moeller O C
2SSB 5093 Health services for children Del to Gov Marr M C
SB 5261 Ins commissioner authority S  2nd Reading Keiser M C
SSB 5446 Mental health parity mandate S  2nd Reading Keiser O C
SSB 5715 Selling insurance S  Passed 3rd Benton M C
2SSB 5930 Governor's health care reform bill S  2nd Reading Keiser M C
2SSB 5958 Primary health care delivery S  2nd Reading Keiser M C
SSB 6030 Health ins for young adults S  2nd Reading Parlette M C

 Labor and Employment  

Bill Description Status Sponsor Position Lobbyist
SHB 1154 Unlawful for employer to discriminate if employee uses  legal drugs H  Rules R Morrell M F
SHB 1244 Wages for workers' comp disability - banked hours S  Lab/Comm/RD Conway O F
SHB 1278 Lowers U/I rates for start-up companies H  Passed 3rd Conway S F
SHB 1322 Expands definition of disability beyond ADA standards H  2nd Reading McCoy O F
SHB 1406 Omnibus bill -- mandatory U/I contributions for business owners. H  2nd Reading Conway O F
SHB 1407 Flexible funding would improve ESD administration H  Rules R Conway S F
SHB 1500 Workers comp permanent partial disabilities- Support Substitute S  Lab/Comm/RD Conway O F
HB 1501 allows L&I to waive overpayments in workers comp pensions H  Passed 3rd Wood O F
2SHB 1503 Workers' comp -- restricts employer contact from treatment providers H  2nd Reading Conway O F
SHB 1562 Creates medical/chiropractic advisory committee H  Rules R Conway S F
HB 1666 Nurse Practitioners can treat workers comp cases S  Lab/Comm/RD Green S F
HB 1722 Physicians asst. can treat workers comp claims consistent with licensure S  Hea/L-T Care Conway S F
SHB 1913 Public sector union organizing without election - card check H  2nd Reading Conway O F
SHB 1920 Removing ag exemption for overtime H  Rules R Conway O F
ESHB 2073 Workers' comp voc rehab -- increased benefits and opt out provision  H  Passed 3rd Conway O F
SHB 2082 Field of dreams tuition assistance for students working in ag H  Approp Chandler S F
HB 2105 Workers' comp/prescriptions H  2nd Reading Conway S F
HB 2106 Farm labor contractors H  Rules R Kenney O F
HB 2281 Shared leave S  Govt Op & El Appleton M F
HB 2326 Collective bargaining H  Rules R Williams O F
SHJM 4008 Mandatory union card check H  Rules R Conway O F
SSB 5053 Creates ombudsman for workers of self-insured employers S  Rules 2 Keiser O F
SSB 5087 Challenges the Constitutionality of Federal Real ID Act H  Trans Haugen M F
SSB 5137 Lowers U/I rates for start-up companies H  Commerce/Lab Kohl-Welles S F
2SSB 5230 Flexible funding for ESD S  Rules 2 Kohl-Welles S F
ESSB 5290 Establishes workers' comp medical & chiro. advisory committee S  Passed 3rd Keiser S F
SSB 5340 Expands definition of disability beyond ADA standards S  Passed 3rd Kline O F
SSB 5373 Omnibus bill -- mandatory U/I contributions for business owners S  2nd Reading Kohl-Welles O F
SSB 5443 Workers' comp claims suppression S  2nd Reading Kohl-Welles O F
SSB 5653 Self employment assistance for unemployed workers S  Rules 2 Kauffman S F
2SSB 5659 Family & medical leave ins S  Rules 2 Keiser O F
SB 5675 Increasing Minimum Workers' Comp Disability Benefits S  Rules 2 Franklin O F
SSB 5676 Revising workers' comp time loss provisions S  Rules 2 Keiser O F
SB 5677 Workers' comp Social Security offset S  Rules 2 Murray S F
SSB 5687 Amends workers comp permanent partial disability law S  Rules 2 Keiser O F
SSB 5688 Allowing attorneys to receive workers' comp claim notices earlier S  Rules 2 Kohl-Welles S F
SSB 5702 Employer must inform worker if worker is not covered by U/I S  Rules 2 Benton S F
SB 5723 Agricultural worker safety grant S  Rules 2 Rasmussen S F
SSB 5772 Public sector union organizing without election - card check S  Rules 2G Kohl-Welles O F
SSB 5900 Mandatory leave for victims of domestic violence, sexual assault, or stalking S  Rules 2 Regala M F
SSB 5915 Newly registered businesses receive required employment posters S  Rules 2 Honeyford S F
ESSB 5920 Workers' comp voc rehab -- increased benefits and opt out provision  S  Passed 3rd Kohl-Welles O F

Land Use  

Bill Description Status Sponsor Position Lobbyist
SHB 1409 Forest practices jurisdiction by local governments S  NR/Ocean/Rec Sullivan, B. S W
SHB 1458 Requires written notice for eminent domain actions H  Passed 3rd Van De Wege S W
SHB 1561 Gives eminent domain powers to local govt. watershed groups S  Judiciary Jarrett O W
SHB 1627 Farmland preservation office H  2nd Reading Linville S W
2SHB 1636 Transfer of development rights review & recommendations H  2nd Reading Simpson M W
EHB 1648 Right to Farm protections S  Ag/Rural/Dev Sullivan, B. S W
SHB 1748 Allowing action to stop chronic flood and erosion damage H  2nd Reading Sullivan, B. S W
SHB 2016 Provides right to repurchase land taken through eminent domain H  2nd Reading Springer S W
SHB 2212 Agricultural activities H  2nd Reading Blake S W
SSB 5075 Allows brush/timber burning to protect life/property S  2nd Reading Honeyford S W
SSB 5076 Right to Farm protections S  Rules 2G Honeyford S W
SSB 5108 Farmland preservation office S  Passed 3rd Haugen S W
SSB 5143 Open space program S  Rules 2 Fraser S C
SSB 5145 Precludes wetland mitigation banks on certain ag lands S  2nd Reading Haugen S W
SSB 5248 Protects existing ag uses on ag lands S  2nd Reading Hatfield S W
SSB 5301 Critical areas S  Rules 2G Haugen S W
SSB 5315 Allowing access to private property during wild fires S  2nd Reading Schoesler S W
SB 5444 Eminent domain notice H  Judiciary Carrell S W
SB 5507 Delays vesting for land use permit applications S  Rules 2G Kline O W
SSB 5656 Requires CTED to develop a regional TDR program S  Rules 2 Jacobsen M W
SSB 5733 Allowing action to stop chronic flood and erosion damage S  2nd Reading Stevens S W
SB 5778 Counties must create shellfish protection programs S  Passed 3rd Fraser M W
2SSB 5883 Forest land conversion to non-forestry uses S  Rules 2G Fraser S W

Other  

Bill Description Status Sponsor Position Lobbyist
SHB 1031 Regulates RFID and other electronic devices H  2nd Reading Morris O C
HB 1077 Protects sensitive fish & wildlife data S  NR/Ocean/Rec Blake S S
SHB 1122 Allows DNR to continue contracting out to manage forest health S  NR/Ocean/Rec Kretz S S
SHB 1125 Increases the forest fire protection assessment H  Rules R Sullivan, B. M S
SHB 1151 Animal identification system H  2nd Reading Pearson O C
SHB 1186 Public financing of judicial campaigns H  Rules R Schual-Berke M C
EHB 1189 Limiting political contributions from LLCs H  Passed 3rd Dunshee M C
SHB 1251 Stolen metal property H  2nd Reading Morrell S W
SHB 1304 Requires farm trucks to obtain US DOT numbers S  Transportatn Kagi S S
HB 1416 Extends asparagus standard exception to 2009, see SB 5397 S  Ag/Rural/Dev Grant M C
ESHB 1756 Authorizing one additional hound hunting cougar season S  NR/Ocean/Rec Kretz S S
HB 1775 Class b felony to harm or kill horses/cattle of others w/o permission S  Judiciary Hinkle M S
HB 1888 Regulating brassica seed production S  Ag/Rural/Dev Linville M C
HB 1899 Extends tax breaks for beef industry H  Rules R Grant M C
SHB 1909 Protecting from the theft of specialized forest products H  2nd Reading Orcutt M S
SHB 1987 Property owner is not liable for injuries resulting from metal theft H  Passed 3rd Warnick S W
SHB 2013 Tribal & Indian law officers H  2nd Reading Williams M S
SHB 2167 Food labeling H  Rules R Chase M C
HJM 4000 Mandatory country of origin labeling H  Rules R Morrell M C
SSB 5129 Unlawfully hunting on private property, see HB 1078 S  Rules 2 Jacobsen S C
SB 5182 Invalidates voter signatures if gatherer does not sign petition S  Rules 2 Kastama M W
ESB 5204 Animal health laws S  Passed 3rd Rasmussen S C
SSB 5236 Public habitat and recreation lands management H  Ag & Nat Res Parlette M W
SSB 5312 Increases records requirements to deter metal property theft S  2nd Reading Tom S W
SB 5397 Extends asparagus standard exception to 2009, see HB 1416 S  Rules 2 Rasmussen M C
ESB 5401 Licensing Christmas tree growers S  Passed 3rd Rasmussen S C
SSB 5420 Requires more info on public agencies' web sites S  Rules 2 Roach S W
SSB 5461 Allows DNR to continue contracting out to manage forest health S  Passed 3rd Morton S S
SSB 5463 Increases the forest fire protection assessment S  Passed 3rd Jacobsen M S
SB 5561 Voter registration allowed up to election day S  2nd Reading Oemig M W
SSB 5722 Allows body-gripping traps for rodent control S  Rules 2G Regala M C
SSB 5746 Landscape architecture S  Rules 2 Jacobsen M W
SB 5749 Regulating brassica seed production S  2nd Reading Schoesler M C
SSB 5811 Animal identification program S  Rules 2 Rasmussen S C
SSB 5844 Modifies specialized forest product regulations S  Rules 2G Roach M S
SSB 6141 3 tier forest health program, small landowner help if problem due to others S  Rules 2 Jacobsen S S

Taxes and Budget

Bill Description Status Sponsor Position Lobbyist
HB 1089 Operating sup budget 2005-07 H  Approp Sommers M C
HB 1090 Budget stabilization account, see SB 5311 H  Approp Hunter O C
HB 1092 Capital budget H  Cap Budget Fromhold M C
HB 1093 Trans sup budget 2005-07 H  Trans Clibborn M C
HB 1094 Trans budget 2007-09 H  Trans Clibborn M C
SHB 1125 Forest fire protection H  Rules R Sullivan, B. M C
HB 1128 Operating budget 2007-09 H  Approp Sommers M C
SHB 1146 Increases funding authority to pay wildlife damage claims H  Rules C Sullivan, B. S S
ESHB 1147 Implements use of USDA to determine cause of damage to livestock H  Passed 3rd Kretz S S
HB 1311 Small farm assistance program S  Ag/Rural/Dev Grant S C
HB 1376 Propane used by farmers H  2nd Reading Ericks S C
SHB 1381 Laws relating to taxes S  Ways & Means Hasegawa M C
HB 1382 Tangible personal property H  Rules R Ericks M C
HB 1443 Utility tax deduction for transporting commodities, see SB 5431 H  Passed 3rd Grant S C
SHB 1513 Forest products businesses H  2nd Reading Kessler S C
SHB 1515 Current use property tax H  Rules R Sullivan, P. M C
HB 1549 Wholesale unprocessed milk B&O tax exemption, see SB 5641 H  2nd Reading Linville S C
SHB 1566 Rural county tax credit clarification, see SB 5573 H  Passed 3rd Van De Wege S C
SHB 1805 Increases homestead exemption to $125,000 H  Rules C Morrell M C
SHB 1827 Biennial review of tax incentives & exemptions H  Rules R Santos M C
SHB 1901 Repairs to farm machinery H  2nd Reading Grant S C
HB 1902 Repairs to farm machinery H  2nd Reading Grant S C
HB 2032 Fruit & vegetable processing H  Passed 3rd Takko S C
HJR 4204 Simple majority to pass school levies, see SJR 8207 H  Rules R Schual-Berke M C
HJR 4216 Appropriation bills H  Approp Alexander M C
SB 5056 Small farm assistance program S  2nd Reading Rasmussen S C
SB 5136 Trans budget 2007-09 S  Transportatn Haugen M C
SB 5138 Trans sup budget 2005-07 S  Transportatn Haugen M C
SB 5139 Operating sup budget 2005-07 S  Ways & Means Prentice M C
SB 5140 Operating sup budget 2005-07 S  Ways & Means Prentice O C
SB 5156 Capital budget S  Ways & Means Fraser M C
SSB 5187 Property tax valuation S  Rules 2 Haugen M C
SSB 5207 Marine shipping container tax S  Rules 2 Haugen O C
ESSB 5311 Creates Budget Stabilization Account, see HB 1090 H  Approp Brown S C
SB 5431 Utility tax deduction for transporting commodities, see HB 1443 S  Rules 2 Rasmussen M C
SB 5434 Agricultural commodities S  Rules 2 Poulsen M C
SSB 5463 Tangible personal property S  Passed 3rd Jacobsen M C
SB 5468 Tax programs S  Passed 3rd Oemig M C
SSB 5493 Forest products businesses S  Rules 2 Hargrove S C
SSB 5560 Making technical corrections to tax laws S  Passed 3rd Schoesler S C
SSB 5573 Rural county tax credit clarification, see HB 1566 S  Rules 2 Hatfield S C
SB 5641 Unprocessed milk B&O tax exemption, see HB 1549 S  Rules 2 Rasmussen M C
2SSB 5805 Grain elevators S  Rules 2 Hatfield M C
SB 5866 Increases homestead exemption to $125,000 S  Rules 2 Kline M C
SB 5932 Trans financing title only S  Transportatn Haugen M C
SB 5933 Trans funding title only S  Transportatn Haugen M C
ESSJR 8206 Creating the budget stabilization account, see HJR 4202 H  Approp Brown O C
ESJR 8207 Simple majority to pass school levies, see HJR 4204 S  3rd/reconsid Eide O C
SSJR 8210 Homestead exemption S  Rules 2G Haugen M C

Water, Energy, and Environment  

Bill Description Status Sponsor Position Lobbyist
2SHB 1035 Requires state agencies to purchase anaerobic digestion power H  2nd Reading Morris S S
2SHB 1303 Providing incentives to enhance use of cleaner energy H  2nd Reading Dickerson M S
2SHB 1374 Creating the Puget Sound Partnership H  2nd Reading Upthegrove M S
SHB 1453 Authorizing water right transfers in same pool or hydraulically connected groundwater H  2nd Reading Grant S S
2SHB 1595 Expanding county authority to protect shellfish areas H  2nd Reading Appleton M S
2SHB 1601 Creates the children's environmental health & protection advisory council H  Rules R Rolfes O S
SHB 1646 Allows WDFW to take fish samples on public lands or with permission/search warrant S  NR/Ocean/Rec Blake S S
2SHB 1806 Pesticides in Schools- changes IPM definition to only allow pesticides as last resort H  Rules R Pedersen O S
HB 1895 E85 fuel tax rate H  Trans Chase M S
SHB 2107 Settlement agreements H  Rules R Schual-Berke M S
HB 2156 Carbon dioxide mitigation H  Rules R Morris M S
SSB 5009 Exempts biodiesel used for farm use from sales and use tax S  Rules 2G Haugen S S
SB 5109 Implements California vehicle emission standards S  Rules 2 Rockefeller O S
SSB 5237 Authorizes the State to purchase carbon credits from dairies S  Rules 2 Poulsen S S
SB 5279 Creates the children's environmental health & protection advisory council S  Rules 2 Franklin O S
SSB 5318 Directs WDFW to participate in efforts to protect Yukon to Yellowstone ecosystem S  Rules 2 Poulsen M S
SSB 5372 Creating the Puget Sound Partnership S  Rules 2 Rockefeller M S
SSB 5481 Funding a study of water conservation/supplies for rural villages H  Tech/En/Com Oemig M S
SSB 5519 Authorizing water right transfers in same pool or hydraulically connected groundwater S  Rules 2 Delvin S S
2SSB 5586 Providing incentives to enhance use of cleaner energy S  Rules 2 Murray M S
SB 5669 Renewable fuel standards S  Rules 2 Holmquist M S
SSB 6001 Climate change S  2nd Reading Pridemore M S
2SSB 6117 Reclaimed Water- has bad definition of impairment and could mandate use of reclaimed water S  2nd Reading Fraser O S

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Subscription Information

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Information Resources

Washington Farm Bureau: www.wsfb.com 
Legislative Information: www.leg.wa.gov 
Governor's Bill Actions: www.governor.wa.gov 
Legislative Hotline: (800) 562-6000

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